US: Ohio man who pled guilty to HIV non-disclosure sentenced to five years’ probation for felonious assault, angering the complainant


Man With HIV Who Did Not Tell Partner Sentenced To Probation, Victim Upset With Decision

December 18, 2014
Source: 10TV

X pleaded guilty to felonious assault in August, and he admitted he had unprotected sex with his former girlfriend without disclosing he is HIV positive. In Ohio, it’s a felony if you are HIV positive and do not tell your partner before having sex. The defendant in this case faced up to eight years in prison. He was sentenced to five years’ probation and that angered the victim and her family.

She says it took all the strength she had to face her former boyfriend in court. “Before we started this relationship, he knew he was HIV positive. So I feel when you tell me not to protect myself, and you know you have this, that is malicious intent. You wanted me to catch it,” said X’s former girlfriend.

X never looked at his victim but did address her. “I cared about you a lot. I still care about your wellbeing and your family,” said X. “I really did not mean to hurt you. I understand how upset you are with me. Hopefully, one day we can get past this, and we can move forward.”

X also talked about his medical issues, which included a heart problem and two pending neck surgeries. Franklin County Common Pleas Judge David W. Fais cited those ongoing health issues as the reason he sentenced X to probation for five years.

That sentence upset the victim, as well as her family, and set off an emotional scene just outside the courtroom. The victim says today’s sentence will keep others from coming forward. “This person can lie, cannot disclose that they are HIV positive, can get arrested, can get convicted of the crime and nothing happen to him.”